Page:United States Statutes at Large Volume 104 Part 5.djvu/955

 PUBLIC LAW 101-625—NOV. 28, 1990 104 STAT. 4277 Act will be extended for the full term of the contract entered into under such Act. The Secretary may accelerate repayment of a loan under this subsection if rental assistance is not extended under section 222(b) of such Act or the Secretary is unable to develop a revised package of incentives to the owner comparable to those received under the original approved plan of action. "(8) If the Secretary is unable to extend the term of rental assistance for the full term of the contract entered into under section 222(b) of the Cranston-Gonzalez National Affordable Housing Act, the Secretary may take such actions as the Secretary determines to be appropriate to avoid default, avoid disruption of the sound ownership and management of the housing, and otherwise minimize the cost to the Federal Government. "(9) A mortgagee approved by the Secretary may not withhold consent to an equity or acquisition loan on a property on which that mortgagee holds a mortgage. (b) APPROVAL PRIOR TO FORECLOSURE. — Section 250(b) of such Act (12 U.S.C. 1715z-15(b) is amended to read as follows: "(b) A mortgagee may foreclose the mortgage on, or acquire by deed in lieu of foreclosure, any eligible low-income housing project (as such term is defined in section 229 of the Low-Income Housing Preservation and Resident Homeownership Act of 1990) only if the mortgagee also conveys title to the project to the Secretary in connection with a claim for insurance benefits.". (c) REPEALER. — Section 250(c) of such Act is hereby repealed, and section 250(d) is redesignated as section 250(c). SEC. 603. RELATED UNITED STATES HOUSING ACT OF 1937 AMENDMENTS. Section 89(v)(2) of the United States Housing Act of 1937 is 42 USC I437f. amended by striking out "Emergency Low Income Housing Preservation Act of 1987" and inserting "Low-Income Housing Preservation and Resident Homeownership Act of 1990". SEC. 604. TRANSITION PROVISIONS. 12 USC 4101 (a) HOUSING ELIGIBLE FOR ELECTION. —Any owner of housing that becomes eligible low-income housing before January 1, 1991 and who, before such date, filed a notice of intent under section 222 of the Emergency Low Income Housing Preservation Act of 1987 (as such section existed before the date of the enactment of this Act) or under section 212 of such Act (as amended by section 601(a)) may elect to be subject to (1) the provisions of such Act as in effect before the date of the enactment of this Act, or (2) the provisions of the Low-Income Housing Preservation and Resident Homeownership Act of 1990, after the date of the enactment of this Act. The Secretary shall establish procedures for owners to make the election under the preceding sentence. (b) RIGHT OF CONVERSION TO NEW SYSTEM.— Any owner who has filed a plan of action on or before October 11, 1990, shall have the right to convert to the system of incentives and restrictions under this subtitle, with such adjustments as the Secretary determines to be appropriate to compensate for the value of any incentives the owner received under the Emergency Low Income Housing Preservation Act of 1987. Owners filing plans after such date shall not have any right under this subsection. (c) EFFECTIVENESS OF REPEALED PROVISIONS. — Notwithstanding the amendment made by section 601(a), the provisions of the Emergency Low Income Housing Preservation Act of 1987 (as in effect imme-

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